Both milk teas have registered trademarks.
In the public trial on June 4th, 65438, Modern China Tea Shop thought it was a tea shop with national influence, which was reported by well-known domestic media and had a great influence. However, it is confusing and unfair competition to use decoration similar to your own shop. After the opening of Cha Yan Guan Se milk tea shop, the popularity has been very high. Chaser was obliged to avoid using the trademark, but the defendant completely failed to fulfill this obligation.
Cha Yan Guan Se thinks that he didn't use decorations similar to those of modern China tea shops. Even if there are similar elements in the decoration, they all use their own registered trademarks, and the decoration map of the lady's teahouse is also based on rights.
According to public information, the "Modern China Tea Shop" tea shop has nearly 200 branches since it opened its first store in Changsha on June 20 13. 20 19 May, a tea shop named "Cha Yan Guan Se" opened in Changsha, which is only one word short of "Modern China Tea Shop". Then the two sides fell into a protracted dispute over intellectual property rights and competition.
"Cha Yan Guan Se" and "Modern China Tea Shop" are registered trademarks. Although "Cha Yan Guan Se" is open at the back, its trademark is registered first. According to China Trademark Network, the trademark of "Modern China Tea Shop" was first registered by Hunan Chayue Catering Management Co., Ltd. on 20 13 10.08. The trademark "Cha Yan Guan Se" was registered on March 4, 2008. The trademark changed hands several times and was obtained by Guangzhou Luo Qi Catering Management Co., Ltd.
The focus of the debate between them lies in the similarity of trademarks. Not only is the name only one word short, but the photos of both families are photos of ladies. The difference is that the maid of "Modern China Tea Shop" has a square face and holds a fan; "Tea looks at color" melon seeds face, teapot. In this regard, some netizens ridiculed: "One looks like a daughter and the other looks like a girl."
Dong Xinrui, an expert from Beijing Intellectual Property Expert Database, told Yangzi Evening News/Niuzi News reporter that strictly speaking, if "Tea Yan Guan se" doesn't use the trademark of "Modern China Tea Shop", it doesn't involve trademark infringement. Specifically, because many of its main products are similar to those of modern China tea shops, "Tea Strictly Watching Color" mostly copies the intellectual property rights of "Modern China Tea Shop" in terms of copyright or appearance. However, if "Modern China Tea Shop" doesn't protect the relevant copyright and appearance, it doesn't involve infringement in law, but imitates the business model. As for whether there is unfair competition, it is not good to jump to conclusions, because apart from intellectual property protection, it is more about market behavior, unless there is vicious competition that hinders the normal development of the market.
Insiders bluntly said that the special feature of unfair competition in this case is that the defendant used his own registered trademark, so it is difficult for the plaintiff "Modern China Tea Shop" to get support unless the defendant's trademark is revoked first.
In fact, this is the second time that the two sides have "played against each other". Two years ago, Cha Yan Guan sued Modern China Tea Shop for trademark infringement. On April 8, 2020, the Yuelu District Court of Changsha City ruled that Modern China Tea Shop did not constitute trademark infringement. The court pointed out that although the trademark of "strictly observing the color" was registered first, if only the interests of the first registrant were taken as the only consideration, it would damage the legitimate rights and interests of the operators who used the unique names and trademarks continuously and honestly and their accumulated goodwill, and also violate the principle of market fairness.
Many online celebrity brands have encountered shanzhai.
Shanzhai is a difficult problem faced by many online celebrity brands. Some enterprises take up legal weapons to "fight to the end", while others use "Huairou policy".
Lujiao Lane became the object of imitation after it became popular on 20 17. After opening the 136 direct store, it is said that there are as many as 3,000 cottage shops, which means that 95% of Lujiao Lane in the market are cottage shops. From 20 19 to 12, Lujiao Lane began to concentrate on eliminating the remaining cottage shops after obtaining the 43rd trademark representing catering services. On the one hand, for online stores, Lujiao Lane cooperated with Meituan to remove infringing shops; On the other hand, for offline infringing shops, Lujiao Lane launched a small store cooperation model to focus on rectification.
In addition to online celebrity brands, well-known companies are also deeply troubled by "famous brands". 1October 6th, 65438, "Hungry" sued "Hungry" with new results, and finally got compensation of 10000 yuan. According to the judgment, Beijing Chaoyang People's Court ordered you to change the name of the enterprise immediately and not to use the same or similar words as "Hungry".
A company providing golf, fighting and other training not only used the logo of "Didi Bowling Butler" in its publicity, but also renamed the company as Beijing Didi Bowling Butler Technology Development Co., Ltd. ... The owner of the "Didi" trademark sued Didi Ball Company to the court. On1October 28th last year, 10, the Beijing Intellectual Property Court ordered Didi Qiu Company to stop its infringement, stop using the enterprise name with the word "Didi" and compensate the plaintiff for a loss of 700,000 yuan.
In addition, "Today's Headline" also sued the catering brand "Today's Fried Beans" and "Haidilao" sued "Hedilao". In order to protect their own trademarks, more and more enterprises have registered all the trademarks they can think of at one go. The number of trademarks applied by Laoganma is as high as 1 17, including Laoandie, Laomenstruating and Laoqianma. The registered trademarks of Thirteen Fragrances in Wang Shouyi include Sixteen Fragrances, Seventeen Fragrances and Twelve Flavors. JD.COM has applied for trademarks such as "Oriental Brothers" and "Qiangdong".